The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, the facts of assaulting the victim can be acknowledged when the defendant gets the head of the victim and gets the head of the victim.

Nevertheless, since the court below acquitted the Defendant of the facts charged in this case, it erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. The prosecutor of the amendment of indictment (in addition to the facts charged in the preliminary charge) stated the facts charged in the instant case, which was acquitted by the court below, shall be the primary charges and the following.

(1) An application for the amendment of a bill of indictment was filed to add the ancillary facts as stated in the judgment below, and this court permitted the application, and this court changed the subject of the judgment. However, since the prosecutor's assertion of mistake of facts is still subject to the judgment of this court, this paper first examines this issue, and then examines the ancillary facts. (b) The court below found the defendant not guilty on the ground that the evidence submitted by the prosecutor alone is insufficient to prove that the defendant was able to eliminate reasonable doubt that the victim's head was shaken and traced. Examining the judgment of the court below in comparison with the records of this case, the court below's decision that acquitted the defendant on this part is just. (c) The prosecutor's argument of mistake of facts is without merit. (d) The defendant of the ancillary facts charged against the defendant on January 27, 2019, the main point of the ancillary facts charged against A, including the victim's head and the victim's escape from the "EE" on the 2nd floor of Seongbuk-gu, Changwon-si, Changwon-si.